Page 274 - Regional Comprehensive Economic Partnership (RCEP)
P. 274

2.     If the consultations referred to in paragraph 1 do not result in an
                              agreement  on  trade  compensation  within  30  days  of  the
                              commencement of such consultations, any Party against whose
                              good the transitional RCEP safeguard measure is applied may
                              suspend the application of substantially equivalent concessions
                              to the trade in goods of the Party applying the transitional RCEP
                              safeguard measure.

                       3.     A  Party  against  whose  good  a  transitional  RCEP  safeguard
                              measure  is  applied  shall  deliver  a  written  notice  to  the  Party
                              applying  the  transitional  RCEP  safeguard  measure  at  least  30
                              days  before  it  suspends  the  application  of  concessions  in
                              accordance with paragraph 2.

                       4.     The obligation to provide compensation under paragraph 1 and
                              the right to suspend the application of concessions in accordance
                              with paragraph 2 shall cease on the termination of the transitional
                              RCEP safeguard measure.

                       5.     The right to suspend the application of concessions in accordance
                              with paragraph 2 shall not be exercised for the first three years

                              during  which  the  transitional  RCEP  safeguard  measure  is  in
                              effect,  provided  that  the  transitional  RCEP  safeguard  measure
                              has been applied as a result of an absolute increase in imports
                              and that it conforms to this Agreement.

                       6.     A  Least  Developed  Country  Party  that  applies  or  extends  a
                              transitional RCEP safeguard measure shall not be requested for
                              any compensation by the affected Parties.


                       Article 7.8: Provisional RCEP Safeguard Measures

                       1.     In critical circumstances where delay would cause damage that
                              would  be  difficult  to  repair,  an  importing  Party  may  apply  a
                              provisional RCEP safeguard measure, which shall take the form
                              of the measures set out in subparagraph 1(a) or (b) of Article 7.2
                              (Application  of  Transitional  RCEP  Safeguard  Measures),
                              pursuant  to  a  preliminary  determination  by  its  competent
                              authorities  that  there  is  clear  evidence  that  imports  of  an
                              originating good from another Party or Parties have increased as
                              the result of the reduction or elimination of a customs duty under
                              this Agreement, and such increased imports have caused or are
                              threatening to cause serious injury to a domestic industry of the
                              importing Party.





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